Terms & Conditions

TransUnion (Proprietary) Limited ("TransUnion") provides the information contained on this website and the pages comprising the website ("website") and advertises and offers the service/s advertised on this website from time to time ("service/s") to users ("you"), subject to the terms and conditions set out herein ("the terms").

Acceptance of the terms. By accessing the website and/or using the service/s offered via the website, you are deemed to have read, understood and agreed to the terms. TransUnion may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website, you agree to be bound by the terms, as modified from time to time.

Content of the Website. While TransUnion makes every effort to update the information provided on the website on a regular basis, TransUnion makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. TransUnion reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any service, information, data and/or content on the website.

Use of the website and indemnification. By accessing the website, you warrant and represent to TransUnion that you are legally entitled to do so. By subscribing for any of the service/s, you warrant and represent to TransUnion that you are legally authorised to subscribe for such service/s and have the requisite capacity to conclude legally binding transactions with TransUnion. You further warrant that you will not use the website, the service/s, or any information made available/sent to you by TransUnion pursuant to your use of the website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the terms. You hereby indemnify TransUnion against any loss, liability, damage or expense of whatever nature which TransUnion or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the warranties in this clause.

You understand and agree that TransUnion does not review, or purport to review, any submitted content and it reserves the right to remove any content from the website that it deems in its sole discretion to be harmful in any way. TransUnion reserves the right to suspend or terminate your access to all or parts of the site, without any further notice to you.

Application process. To subscribe for the service/s, you must complete the online application form ("application form"). By using the services, you agree to be bound to TransUnion's Standard Subscriber Terms and Conditions [create a hyperlink to the application form and the Standard Subscriber Terms and Conditions]. On receipt of your application form, TransUnion will takes such steps, as in its sole discretion it deems necessary, to evaluate your application and to verify whether, in completing the application form, you have provided TransUnion with complete and accurate information about yourself and your credit card information for payment; and insofar as you are requesting TransUnion to provide you with personal and/or business credit profiles, the information contained in the application form pertains to you personally. The application process will not be completed before you have been given the opportunity to review the entire transaction and correct any mistakes, or to withdraw from the transaction completely. By clicking on the "submit" button you are deemed to have submitted an offer to subscribe for the service/s selected ("order") and you will not thereafter be able to cancel the order unless TransUnion expressly agrees thereto. You understand that once you receive the information/data requested in your order, you will have no right to cancel the order or attempt to rely on a "cooling-off" period as the service/s will already have been rendered by TransUnion in terms of the agreement.

Payment. You agree to pay TransUnion the fees stipulated on the website as the price for the service/s ordered. You hereby authorise TransUnion to charge the payment for such fees to your credit card, using the credit card information provided in your application form, effective from the date of receipt of your order by TransUnion. You hereby agree that TransUnion will not be obliged to refund any payment made by you in this manner, nor shall you be entitled to reverse such payment, for any reason whatsoever, including your failure to pass TransUnion's verification processes.

Verification. You hereby agree that all orders and any other communications which purport to originate from you, or a person who had authority to act on your behalf in respect of such order or communication, or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to TransUnion electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by TransUnion and you will be bound by such communication with no liability of whatever nature attaching to TransUnion in regard thereto.

You waive any rights you may have or obtain against TransUnion arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that TransUnion acts on your orders or communications, or orders communications that purport to emanate from you and you indemnify TransUnion against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to emanate from you.

Confirmation of orders and conclusion of the transaction. The advertising of service/s via the website merely constitutes an invitation by TransUnion for you to make an offer to subscribe for the service/s. TransUnion reserves the right not to accept and/or comply with the order for any reason whatsoever on notice to you. Should TransUnion accept your order, we will, as soon as is reasonably possible thereafter, send you a copy of the information you requested in the application form by e-mail, facsimile or SMS, using the contact information you provided in the application form and the preferred mode of delivery you selected. You hereby confirm and agree that the transaction between yourself and TransUnion will be deemed to have been concluded at the place where and the time when TransUnion transmits the information to you.

Consumer protection information. In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention is drawn to the following

full name and legal status : TransUnion (Proprietary) Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;

the terms of the agreement : the terms of the agreement between yourself and TransUnion is governed by these terms, the application form and TransUnion's Standard Subscriber Terms and Conditions.TransUnion makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to you or any part thereof

time within which the service/s will be delivered : as soon as is reasonably possible after TransUnion accepts to comply with your order;

return and refund policy : by nature of the service/s, no information provided to you by TransUnion may be returned, and no monies paid by you to TransUnion in respect of the service/s will be refunded to you, unless it is established to the satisfaction of TransUnion that the information provided to you was loaded incorrectly by TransUnion;

security procedures and privacy policy of TransUnion in respect of payment, payment information and personal information : TransUnion utilises a payment system that is sufficiently secure with reference to accepted technological standards as at the date of these terms, given the type of transaction to be concluded between you and TransUnion.

cooling-off period : in terms of section 42(2)(f)(iii) of ECTA, no cooling-off period applies in respect of any service/s ordered via the website, as the information ordered and delivered to you by TransUnion cannot, by its nature, be returned.

Use of Information

TransUnion conducts its business in accordance with the consumer code for Credit Bureaus and considers it imperative to protect the privacy interests of consumers and consumers alike. Please see our detailed Privacy and Security Policy available on our website in this regard.

By accepting these terms and condition, you expressly acknowledge, agree and consent to TransUnion using your confidential information, for the following purposes, which specifically includes, but is not limited to:

record,process and continuosly maintain and update my information;

create a new credit record;

update an existing credit record;

monitor and subsequently update the current and future credit activity on my records;

create and maintain new products (viz. scoring and other statistical models);

statistical analysis,

validate and verify information on my credit record,at its (TransUnion) discretion, against any relevant source;

distribute its (TransUnion) marketing material; and

make my credit record available to its customers /subscribers, upon request, where the customer/subscriber fulfils the legal requirements,justifying such disclosure.

Communications from TransUnion to you. By placing an order for service/s, you agree that TransUnion may deliver the information you ordered telephonically, by e-mail, facsimile or SMS, using the contact information you provided in the application form. You hereby agree that TransUnion may before or after delivery send you electronic communications relating to your order and/or the service/s offered via the website from time to time, provided that you will be given the opportunity to cancel your subscription to TransUnion's mailing list at any time upon providing TransUnion with written notification to that effect.

Copyright and all intellectual property rights in all materials, texts, drawings and data made available on the website (collectively "the materials") are owned by TransUnion, alternatively TransUnion is the lawful user thereof, and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering service/s from TransUnion. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of TransUnion. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of TransUnion.

External links. External links may be provided for your convenience, but they are beyond the control of TransUnion and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of TransUnion.

Framing. No person ,business or website may frame the site of TransUnion or any of the pages on this site in any way whatsoever.

Crawlers and Spiders. No person, business or website may use any technology to search and /or gain information from TransUnion's website without its prior written consent.

Warranties, disclaimers and limitation of liability.

Save as set out in the terms, TransUnion makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the service/s and the website and service/s made available via the website are provided "as is". TransUnion does not make any warranty or representation that information and service/s advertised on the website are appropriate for use in any jurisdiction.

Neither TransUnion or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website, your use of the service/s and/or your reliance on any information offered via the website and service/s.

Without limiting the generality of the aforegoing, neither TransUnion nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website. You hereby indemnify TransUnion or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.

Without limiting the generality of the aforegoing, TransUnion shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.

Address for service:

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is:

TransUnion shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

General

The terms, the application form and TransUnion's Standard Subscriber Terms and Conditions constitute the sole record of the agreement between you and TransUnion in relation to the subject matter hereof. Neither you nor TransUnion shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and TransUnion in respect of the subject matter hereof. No indulgence or extension of time which either you or TransUnion may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

TransUnion shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

Should TransUnion be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as TransUnion is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then TransUnion shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with the service/s referred to herein, or the terms or any matter related to or in connection therewith.

You waive any rights you may have or obtain against TransUnion arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that TransUnion acts on your orders or communications, or orders communications that purport to emanate from you and you indemnify TransUnion against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to emanate from you.

Confirmation of orders and conclusion of the transaction. The advertising of service/s via the website merely constitutes an invitation by TransUnion for you to make an offer to subscribe for the service/s. TransUnion reserves the right not to accept and/or comply with the order for any reason whatsoever on notice to you. Should TransUnion accept your order, we will, as soon as is reasonably possible thereafter, send you a copy of the information you requested in the application form by e-mail, facsimile or SMS, using the contact information you provided in the application form and the preferred mode of delivery you selected. You hereby confirm and agree that the transaction between yourself and TransUnion will be deemed to have been concluded at the place where and the time when TransUnion transmits the information to you.